Dzanku v. Brennan

MENSAH MANFRED DZANKU, Plaintiff,v.MEGAN J. BRENNAN, Postmaster General of the United States, Defendant,

MEMORANDUM OF DECISION AND ORDER

TIMOTHY S. HILLMAN DISTRICT JUDGE

Background

Mensah
Manfred Dzanku (“Dzanku” or
“Plaintiff”) has filed an Amended Complaint
(Docket No. 6) against Megan J. Brennan, Postmaster General
of the United States (“Postmaster
General”)[1] alleging claims for discrimination based
on race, in violation of Title VII of the Civil Rights Act of
1964, 42 U.S.C. Â§2000e, et seq., and age, in
violation of Age Discrimination and Employment Act
(“ADEA”) of 1967, 29 U.S.C. §633a, et
seq.

This
Memorandum of Decision and Order addresses Defendant's
Motion To Dismiss, Or, In The Alternative, For Summary
Judgment (Docket No. 12). For the reasons set forth below,
the Defendant's motion to dismiss is granted.

Facts

The
following facts are stated in a light most favorable to the
Plaintiff, as the non-moving party.

By
letter dated October 26, 2011, the United States Postal
Service (“Postal Service”) informed Dzanku that
his employment as a Postal Support Employee had been
terminated. Dzanku first contacted an Equal Employment
Opportunity (“EEO”) counselor in
2014.[2] Dzanku reported the date of the incident
as October 18, 2011.

On
August 13, 2015, the EEOC sent Dzanku a Dismissal and Notice
of Rights (“Dismissal Notice”) pursuant to which
it notified him that it was closing the file on his claim
after adopting the finding of the state or local fair
employment agency that had investigated the charge. The
Notice informed Dzanku that he had a right to file a lawsuit
alleging violation of Title VII or the ADEA in federal or
state court “WITHIN 90 DAYS of you
receipt of this notice; or your right to sue based
on this charge will be lost.” Dzanku was not in the
United States when the notice was mailed to him; he returned
to the United States on December 28, 2015 and did not see the
Notice until January 2016.

Dzanku
filed suit in this Court on February 22, 2016, naming the
EEOC as defendant. However, because the EEOC was not the
proper party to this action, he was notified that his action
was subject to dismissal unless he amended his pleading to
name the proper party (his former employer). Dzanku filed his
Amended Complaint on August 16, 2016. See supra,
note 1. Set forth below is the entirety of the averments
contained in the Amended Complaint:

1. I am a resident of Worcester, Massachusetts.

2. The United States Postal Service is the Defendant.

3. I was not in the country when the attached Notice of
Dismissal was mailed to me by the U.S. Equal Employment
Opportunity Commission. I am appealing the dismissal of my
discrimination case against The United States Postal Service.

4. I did not return to the United States until December 28,
2015 and did not see the Dismissal Notice until January 2016.

5. I have a valid claim of discrimination on the basis of my
age and race for my wrongful termination (see ...

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